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september 1958

Supreme Court of India · 1958-09-16

SIRAJUL HAQ KHAN & OTHERS vs THE SUNNI CENTRAL BOARD OF WAQF,U. P. & OTHERS

Citation / case number
SC 1955/70
Court
Supreme Court of India
Petitioner
SIRAJUL HAQ KHAN & OTHERS
Respondent
THE SUNNI CENTRAL BOARD OF WAQF,U. P. & OTHERS
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court held that the appellants' suit regarding the Darga properties was barred by limitation under Section 5(2) of the United Provinces Muslims Waqf Act, 1936, as they were deemed 'persons interested in a waqf'. The Court emphasized that the rules of limitation are strict and cannot be interpreted with equitable considerations, thus rejecting the appellants' argument that Section 15 of the Indian Limitation Act applied. The Court affirmed the lower court's decision, concluding that the appellants failed to comply with the statutory requirements for bringing the suit.

SIRAJUL HAQ KHAN & OTHERS vs THE SUNNI CENTRAL BOARD OF WAQF,U. P. & OTHERS · Niyam